Since October 2018, all employers with one employee in New York have been required to implement a sexual harassment policy and ensure employees go through an annual training. Both the policy and the training must meet certain minimum standards, and the state has developed a model policy and model training that employers may, but are not required to, use to meet their obligations under the law. We previously reported that the New York State Department of Labor (“NY DOL”) proposed revisions to the state’s model sexual harassment policy. On April 11, 2023, New York Governor Kathy Hochul announced the publication of the final updated versions of the model policy and model training materials.
Read MoreOn February 24, 2023, the District Court for the Southern District of New York issued decisions in Johnson v. Everyrealm, Inc. and Yost v. Everyrealm, Inc., with broad implications for the enforceability of arbitration agreements when plaintiffs allege that they have been subjected to sexual harassment.
Read MoreAs New York employers are aware, the New York Labor Law requires employers to adopt a sexual harassment prevention policy. As part of the requirement, the New York State Department of Labor (“NY DOL”) published a model policy and employers that do not adopt the model policy must ensure that the policy that they adopt meets or exceeds minimum standards outlined by the NY DOL. The law requires that this model policy be evaluated and updated as needed every four years. On January 12, 2023, the NY DOL published a proposed model sexual harassment prevention policy, which revises the current model policy based on feedback received from workers, employers and other stakeholders during a public hearing. The proposed model policy is available for review and final feedback during a 30-day comment period ending February 11, 2023.
Read MoreOn December 7, 2022, President Biden signed the Speak Out Act, which limits the enforceability of nondisclosure and nondisparagement clauses in pre-dispute agreements for disputes involving sexual harassment and assault. The law is effective immediately, and may retroactively impact the validity of already existing nondisclosure and nondisparagement agreements.
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